AB650: Bill Text

AB650,9,25 48.433 (8) If a birth parent is one or both birth parents are known to be dead and has not filed an unrevoked affidavit under sub. (2) deceased, the department, or agency contracted with under sub. (11), shall so inform the requester . The department or agency may not and shall provide the requester with his or her original birth certificate or with the identity of that parent, but all deceased birth parents. In a case in which one birth parent is known to be deceased, the department or agency shall also provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist: 1. The the other birth parent has filed an unrevoked affidavit contact preference form under sub. (2) (a) indicating that the birth parent wishes to be contacted.

AB650,19 Section 19. 48.433 (8) (a) 2. of the statutes is repealed.

AB650,20 Section 20. 48.433 (8) (b) of the statutes is repealed.

AB650,21 Section 21. 48.433 (8m) of the statutes is amended to read:

AB650,10,15 48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section sub. (3), it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

AB650,22 Section 22. 48.433 (8r) of the statutes is created to read:

AB650,10,25 48.433 (8r) (a) Any person 18 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, or any offspring of that person, if 18 years of age or over, may file with the department, or agency contracted with under sub. (11), a contact authorization form authorizing the department or agency to provide the person's birth parent with any available information about the identity and location of the person or offspring. A contact authorization form filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB650,11,7 (b) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the birth parent with any available information about the identity and location of any person 18 years of age or over who was his or her child or of any offspring of that person, if 18 years of age or over. Before acting on the request, the department or agency shall require the requester to provide adequate identification.

AB650,11,14 (c) The department, or agency contracted with under sub. (11), shall disclose the information requested under par. (b) if the department or agency has on file an unrevoked contact authorization form filed under par. (a) by a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester. In disclosing information under this paragraph, the department or agency may not disclose any information that would reveal the identity or location of a birth parent other than the birth parent requesting the information.

AB650,11,23 (d) 1. If the department, or agency contracted with under sub. (11), does not have on file a contact authorization form from a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall, within 3 months after the date of the original request, undertake a diligent search for each such child or offspring who has not filed a contact authorization form. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under par. (a), the department or agency is not required to conduct a search.

AB650,12,4 2. Upon locating a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency conducting the search shall make at least one verbal contact with that person and notify him or her of the nature of the information requested, the date of the request, and the fact that he or she may file with the department or agency the contact authorization form under par. (a).

AB650,12,12 3. Within 3 working days after contacting a person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall send the person a written copy of the information specified under subd. 2. and a blank copy of the contact authorization form. If the person files the contact authorization form, the department or agency shall disclose the requested information. If the department or an agency contacts a person under this subsection and the person does not file the contact authorization form, the department may not disclose the requested information.

AB650,12,15 4. Employees of the department and any agency conducting a search under this paragraph may not inform any person other than a person who is a subject of the search of the purpose of the search.

AB650,12,22 5. The department or agency shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for any person 18 years of age or over who was a child of the requester or who is an offspring of a child of the requester, the department or agency shall notify the requester. No fee in excess of $100 per search subject may be charged unless the requester, after receiving notification under this subdivision, has given consent to proceed with the search.

AB650,13,5 6. The department or agency conducting a search under this paragraph may not contact a person again on behalf of the same requester until at least 12 months after the date of the previous contact. If a person contacted under this paragraph does not file a contact authorization form and if at least 12 months have elapsed since the date of the last contact, the department or agency shall contact the person again on behalf of the requester to determine whether the person wishes to file that form. Further contacts with a person under this paragraph on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.

AB650,13,9 (e) If the department, or agency contracted with under sub. (11), may not disclose the information requested under par. (b), it shall provide the requester with any nonidentifying social history information about any person who was a child of the requester or who is an offspring of a child of the requester that it has on file.

AB650,23 Section 23. 69.14 (3) (c) of the statutes is renumbered 69.14 (3) (c) (intro.) and amended to read:

AB650,13,17 69.14 (3) (c) (intro.) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate filed under this subsection and prohibit access to that certificate, except by under any of the following circumstances:

AB650,13,18 1. In response to a court order or except by.

AB650,13,19 2. To the state registrar for processing purposes.

AB650,24 Section 24. 69.14 (3) (c) 3. of the statutes is created to read:

AB650,13,22 69.14 (3) (c) 3. Providing an uncertified copy of the certificate to the registrant in accordance with s. 69.21 (2) (bm).

AB650,25 Section 25. 69.15 (6) (b) of the statutes is renumbered 69.15 (6) (b) (intro.) and amended to read:

AB650,14,5 69.15 (6) (b) (intro.) The state registrar shall register a new certificate created under this section and shall impound the original certificate or the certificate registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access to those materials, except by under any of the following circumstances:

AB650,14,6 1. In response to a court order or except by.

AB650,14,7 2. To the state registrar for processing purposes or except when.

AB650,14,8 3. A disclosure authorized under ss. s. 48.432 and 48.433.

AB650,14,12 (bm) The state registrar shall send a copy of any new certificate registered under this section to the local registrar who filed the original of the replaced certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.

AB650,26 Section 26. 69.15 (6) (b) 4. of the statutes is created to read:

AB650,14,15 69.15 (6) (b) 4. Providing an uncertified copy of the certificate to the registrant in accordance with s. 69.21 (2) (bm).

AB650,27 Section 27. 69.21 (2) (bm) of the statutes is created to read:

AB650,14,20 69.21 (2) (bm) 1. On the written request of a registrant and on payment of the fee required under s. 69.22, the state registrar shall issue an uncertified copy of a birth certificate that was impounded under s. 69.14 (3) (c) or 69.15 (6) (b) to the registrant if all of the following apply to the registrant:

AB650,14,21 a. The registrant is 18 years of age or older.

AB650,15,2 b. The registrant's birth parent's rights have been terminated in this state; the registrant has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982; the registrant was adopted after a birth certificate was originally filed for the registrant under s. 69.14 (3); or a court determined parental rights over a registrant born to a surrogate mother, as provided in s. 69.14 (1) (h).

AB650,15,5 2. When issuing an uncertified copy of a birth certificate to an adoptee under subd. 1., the state registrar shall inform the registrant of the provisions of ss. 48.432 and 48.433.

AB650,15,11 3. The department shall collect statistics on the number of requests made for uncertified copies of birth certificates under subd. 1. and the number of such requests fulfilled and shall publish, on an annual basis or more often at the discretion of the department, reports summarizing those statistics collected. In publishing reports under this subdivision, the department may not disclose any information that reveals the identity of a birth parent.

AB650,28 Section 28. 69.21 (2) (c) of the statutes is amended to read:

AB650,15,14 69.21 (2) (c) Any uncertified copy issued under par. (a) or, (b), or (bm) shall have on its face a notice that it is uncertified.

AB650,29 Section 29 . Nonstatutory provisions.

AB650,15,21 (1) Contact preference forms. An unrevoked affidavit filed under section 48.433 (2) of the statutes before the effective date of this subsection shall be construed as a contact preference form under section 48.433 (2) (a) of the statutes, as affected by this act, indicating that the person filing the affidavit would like to be contacted by a person described in section 48.433 (3) of the statutes, as affected by this act.

AB650,16,3 (2) Contact preference forms and original birth certificates; notice. Prior to the date specified in Section 31 (1) (intro.) of this act, the department of children and families shall inform and educate birth parents, as defined in section 48.432 (1) (am) of the statutes, adoptees, as defined in section 48.432 (1) (a) of the statutes, individuals, as defined in section 48.432 (1) (b) of the statutes, the adoptive parents, guardians, legal custodians, and offspring of those adoptees and individuals, and the general public of the provisions of this act by doing all of the following:

AB650,16,13 (a) Publishing in the official state newspaper designated under section 985.04 of the statutes and mailing to all birth parents who have filed unrevoked affidavits under section 48.433 (2), 2013 stats., a notice informing birth parents that they may file a contact preference form as provided in section 48.433 (2) (a) of the statutes, as affected by this act. The notice shall advise that the department shall make a blank contact preference form available to anyone on request, that the filing of a contact preference form is optional on the part of a birth parent, that a contact preference form may be amended or revoked at any time, and that a contact preference form expresses the preference of a birth parent and is not binding on an adoptee or individual.

AB650,16,19 (b) Publishing in the official state newspaper designated under section 985.04 of the statutes notice that an adult adoptee or an adult individual born to a surrogate mother may obtain an uncertified copy of his or her original birth certificate by submitting a written request to the state registrar of vital statistics. The notice shall also provide information about the fees under section 69.22 of the statutes for issuing an uncertified copy of a birth certificate.

AB650,16,23 (c) Otherwise publicizing the information specified in paragraphs (a ) and (b) throughout the state by placing advertisements in newspapers, on television, on the radio, and in similar communications media and by posting that information on the department's Internet site.

AB650,30 Section 30. Initial applicability.

AB650,17,8 (1) Original birth certificates. The treatment of section 69.21 (2) (bm) and (c) of the statutes, the renumbering and amendment of sections 69.14 (3) (c) and 69.15 (6) (b) of the statutes, and the creation of sections 69.14 (3) (c) 3. and 69.15 (6) (b) 4. of the statutes first apply to a request made for an uncertified copy of a birth certificate on the effective date of this subsection, regardless of whether the birth parent's parental rights to the requester were terminated, the birth parent consented to the adoption of the requester, the requester was adopted, or parental rights to the requester were determined prior to the effective date of this subsection.

AB650,17,17 (2) Contact preference forms. The treatment of sections 48.432 (2) (a) and 48.433 (title), (5) (intro.), (a), and (b), (6) (a), (7) (a) 3., (b), (c), (d), (e), and (f), (8) (a), and (8m) of the statutes, the renumbering and amendment of section 48.433 (2) of the statutes, and the creation of section 48.433 (2) (b) and (c) of the statutes first apply to a request for identifying information about a birth parent, as defined in section 48.432 (1) (am) of the statutes, made on the effective date of this subsection, regardless of whether the birth parent's parental rights to the requester were terminated or the birth parent consented to the adoption of the requester prior to the effective date of this subsection.

AB650,17,24 (3) Access to identifying information. The treatment of section 48.433 (8r) of the statutes first applies to a request by a birth parent, as defined in section 48.432 (1) (am) of the statutes, for identifying information about a person 18 years of age or over who was his or her child or who is an offspring of his or her child made on the effective date of this subsection, regardless of whether the birth parent's parental rights to the person were terminated or the birth parent consented to the adoption of the person prior to the effective date of this subsection.

AB650,18,8 (4) Access to medical and genetic information. The treatment of section 48.432 (3) (a) 4m. of the statutes first applies to a request for medical and genetic information, and the treatment of section 48.432 (4) (a) of the statutes first applies to a request for a search to obtain that information, made on the effective date of this subsection, regardless of whether the parental rights of the birth parent, as defined in section 48.432 (1) (am) of the statutes, whose medical and genetic information is the subject of the request were terminated, or that birth parent consented to the adoption of his or her child, prior to the effective date of this subsection.

AB650,31 Section 31 . Effective date.

AB650,18,12 (1) Original birth certificates, contact preference forms, and access to medical and identifying information. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB650,18,13 (a) Section 29 (2 ) of this act takes effect on the day after publication.

AB650,18,14 (End)